In 2006, I was in a meeting with the Commissioner of Police (CP) alongside Inspector Rohan (name changed). The exchange that unfolded was unusual.
CP: “Who are you?”
Rohan: “Sir, I am Yogesh Kumar. I deal in SIM cards and run a cybercafé.”
CP: “Name of the cybercafé?”
Rohan: “Yogesh Cyber Café.”
Rohan handed over his visiting card. The CP grilled him with questions, ensuring that his assumed identity was airtight. Rohan had been carefully “established” as a genuine cybercafé and SIM card shop owner in a particular area. His mission: infiltrate a mafia network.
The cover was so meticulously prepared that any background check would appear legitimate. Only after satisfying himself did the CP authorise the operation. After Rohan left, I pondered the immense risks he faced. His task was to gain the mafia’s trust, rise within their ranks, and eventually expose the entire network. In doing so, he would have to participate in mafia activities—acts that could make him a target for both the criminals and other law enforcement agencies (LEAs).
If arrested by another LEA, would they believe he was acting under orders for national security?
The answer was uncertain, making the mission doubly dangerous.
Why risk undercover operations?
Traditional investigative tools—searches, seizures, forensic analysis, and interrogations—are reactive.
They come into play after a crime is committed. But terrorism and organised crime demand a proactive approach. These networks are structured, disciplined, and financially resilient. Often, the police catch only low-level operatives while the masterminds manage to cover up. To dismantle such networks, intelligence on their leadership, operations, and funding must be gathered before they strike. This is where Special Investigation Techniques (SITs)—such as undercover operations, electronic surveillance, and physical surveillance—become indispensable.
Case Study: FBI and the Silk Road
The FBI’s 2012 investigation into the Silk Road, a darknet marketplace for drugs, weapons, and illicit services, illustrates the power of SITs. The site, run by “Dread Pirate Roberts” (Ross Ulbricht), operated through “The Onion Routing” (Tor), ensuring anonymity, and used cryptocurrency for untraceable transactions. Conventional methods were of no use. The FBI planted an undercover agent posing as a drug dealer. The agent contacted Roberts offering cocaine for sale. Trust was slowly built. When one of Roberts’s associates was arrested, Roberts sought a hitman—unaware he was negotiating with the FBI agent. Staged photographs convinced
Roberts the “job” was done. Eventually, the agent penetrated Silk Road’s systems, located its server, and facilitated Ulbricht’s arrest.
This operation succeeded only because SITs were employed—methods that, while effective, require careful regulation.
The Legal Gap in India
Globally, many nations have legislated SIT use, balancing security needs with human rights. In India, interception of phone and internet communications is legal under the Telegraph Act and IT Act. However, other forms of surveillance and undercover work lack explicit legal sanction. As a result, agencies using them operate in a grey zone, exposing officers to legal and personal risk. The time has come to legalise and regulate Special Investigation Techniques in India — ensuring they are powerful enough to counter organised crime, yet safeguarded by oversight to protect civil liberties.
Writer Karnal Singh is a retired IPS officer who served as the head of India’s premier investigative agency, the Enforcement Directorate